1 | 1 | | 89R799 JCG-F |
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2 | 2 | | By: Lopez of Cameron H.B. No. 1120 |
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4 | 4 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the purchase or acquisition by metal recycling entities |
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10 | 10 | | of catalytic converters removed from a motor vehicle; imposing an |
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11 | 11 | | administrative penalty. |
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12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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13 | 13 | | SECTION 1. Section 1956.0321(c), Occupations Code, is |
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14 | 14 | | amended to read as follows: |
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15 | 15 | | (c) A metal recycling entity may not purchase a catalytic |
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16 | 16 | | converter unless the entity: |
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17 | 17 | | (1) determines that the catalytic converter is |
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18 | 18 | | consistent with the manufacturer's specifications for a catalytic |
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19 | 19 | | converter from the vehicle for which the seller provided |
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20 | 20 | | information under Subsection (a)(1); and |
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21 | 21 | | (2) enters the vehicle identification number provided |
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22 | 22 | | by the seller under Subsection (a)(1) into the National Highway |
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23 | 23 | | Traffic Safety Administration's VIN Decoder, or successor |
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24 | 24 | | database, and verifies that the vehicle year, make, and model |
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25 | 25 | | retrieved from the database with respect to that vehicle |
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26 | 26 | | identification number are the same as the vehicle year, make, and |
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27 | 27 | | model provided by the seller. |
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28 | 28 | | SECTION 2. Subchapter C-1, Chapter 1956, Occupations Code, |
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29 | 29 | | is amended by adding Section 1956.1235 to read as follows: |
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30 | 30 | | Sec. 1956.1235. SELLER'S DUTY TO PROVIDE CERTAIN |
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31 | 31 | | INFORMATION; PURCHASER'S DUTY TO VERIFY. (a) In a transaction to |
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32 | 32 | | which this subchapter applies, the seller shall provide to the |
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33 | 33 | | metal recycling entity the year, make, model, and vehicle |
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34 | 34 | | identification number for the vehicle from which the catalytic |
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35 | 35 | | converter was removed. |
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36 | 36 | | (b) The metal recycling entity may not purchase or otherwise |
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37 | 37 | | acquire the catalytic converter unless the entity enters the |
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38 | 38 | | vehicle identification number provided by the seller under |
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39 | 39 | | Subsection (a) into the National Highway Traffic Safety |
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40 | 40 | | Administration's VIN Decoder, or successor database, and verifies |
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41 | 41 | | that the vehicle year, make, and model retrieved from the database |
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42 | 42 | | with respect to that vehicle identification number are the same as |
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43 | 43 | | the vehicle year, make, and model provided by the seller. |
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44 | 44 | | SECTION 3. Section 1956.124(b), Occupations Code, is |
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45 | 45 | | amended to read as follows: |
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46 | 46 | | (b) A record meets the requirements of Subsection (a) if it |
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47 | 47 | | contains: |
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48 | 48 | | (1) the year, make, model, and vehicle identification |
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49 | 49 | | number for the vehicle from which each purchased or otherwise |
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50 | 50 | | acquired catalytic converter was removed [a description made in |
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51 | 51 | | accordance with the custom of the trade for the volume of catalytic |
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52 | 52 | | converters purchased or otherwise acquired]; |
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53 | 53 | | (2) the business name of the person from whom each |
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54 | 54 | | [the] catalytic converter was [converters were] purchased or |
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55 | 55 | | otherwise acquired; and |
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56 | 56 | | (3) the date of the transaction. |
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57 | 57 | | SECTION 4. Section 1956.128(a), Occupations Code, is |
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58 | 58 | | amended to read as follows: |
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59 | 59 | | (a) The commission may impose an administrative penalty |
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60 | 60 | | under Subchapter R, Chapter 411, Government Code, on a metal |
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61 | 61 | | recycling entity that: |
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62 | 62 | | (1) violates Section 1956.123 due to the entity's |
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63 | 63 | | failure to exercise due diligence in purchasing or acquiring a |
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64 | 64 | | catalytic converter removed from a motor vehicle; [or] |
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65 | 65 | | (2) violates Section 1956.1235; or |
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66 | 66 | | (3) violates Section 1956.124. |
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67 | 67 | | SECTION 5. Section 1956.124, Occupations Code, as amended |
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68 | 68 | | by this Act, applies only to an offense committed on or after the |
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69 | 69 | | effective date of this Act. An offense committed before the |
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70 | 70 | | effective date of this Act is governed by the law in effect on the |
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71 | 71 | | date the offense was committed, and the former law is continued in |
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72 | 72 | | effect for that purpose. For purposes of this section, an offense |
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73 | 73 | | was committed before the effective date of this Act if any element |
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74 | 74 | | of the offense occurred before that date. |
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75 | 75 | | SECTION 6. Section 1956.128, Occupations Code, as amended |
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76 | 76 | | by this Act, applies only to conduct that occurs on or after the |
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77 | 77 | | effective date of this Act. Conduct that occurs before the |
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78 | 78 | | effective date of this Act is governed by the law in effect on the |
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79 | 79 | | date the conduct occurred, and the former law is continued in effect |
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80 | 80 | | for that purpose. |
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81 | 81 | | SECTION 7. This Act takes effect September 1, 2025. |
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